Richard P. Landers v. Natl. RR Passenger

*
The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1175
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Arkansas.
*
Javier Torres-Castro, * [UNPUBLISHED]
*
Appellant. *
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Submitted: September 2, 2003
Filed: September 9, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Javier Torres-Castro appeals the sentence the district court * imposed on his
guilty plea to illegal reentry following conviction for an aggravated felony and
deportation, in violation of 8 U.S.C. § 1326(a) and (b). Torres-Castro now argues
for the first time that the district court improperly enhanced his base offense level
under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (16-level increase if defendant previously was
deported after felony crime-of-violence conviction). We disagree. The district court
did not commit plain error because Torres-Castro’s earlier Arkansas conviction for

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third degree domestic battery qualified as a felony crime of violence. See Ark. Code
Ann. §§ 5-26-305 (Michie 1997 & Supp. 2003); United States v. Montanye, 996 F.2d
190, 192 (8th Cir. 1993) (en banc) (standard of review). Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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